paternity test issues question -- wasn't there an expert here?

[amazona]

I thought someone said that if a husband and wife were married at the time the wife gave birth to a child, then the husband was the legal father of the child whether or not he was the natural father. The husband has to provide child support for any child born while he is still married and living with his wife. Is this now false? I know a woman in this situation (still married to the same man, child approaching the double digit ages) and she is trying to get money out of another man by saying the child is his and not her husband's. Can't he just ignore her or must he put out the money for a DNA test to prove that the child is not his?

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[GOPisEvil]

1. Here in Texas anyway, a man who is married to a woman is

the presumed legal father of any children she bears. If he is not the biological father, he will have to prove that. If she is going through the state to collect child support, and he contests the support order, the state will pay for a paternity test.

He should NOT ignore it because legally, he's on the hook.

[lazarus]

2. In a lot of instances

in a lot of states, a paternity test won't matter, anyway. The guy is still on the hook.

I read of one case where a woman left her husband, moved in with a guy, got pregnant by that man, had a kid, then got divorced from the first man.

And hit the poor guy up for child support.

And won.

This guy is going to be paying 18 years' worth of child support for someone else's kid.

[amazona]

4. she is not going through the state and she is not divorced

She claims she is not getting financial support from her husband, who is listed as the father on the birth certificate. She claims that they do not live together, but I already found the husband's name online listed as living at the same address, while she claims he lives in a different state. She is collecting some kind of welfare from the state of Texas but I am unclear about how much or what kind.

I think it is an extortion scheme of some type but I can't figure it out. She does have a prior conviction for extortion, as does her husband. But I don't see how they can reasonably plan to make money off the old boyfriend by this. I think he has already given them some money but he really doesn't have it and once the DNA test comes back, it seems like the whole game would be blown.

I am completely baffle-gasted as to the purpose of all this.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[xmas74]

6. Same here in MO

[Bunny]

3. It used to be that way, and probably still is in most cases.

But I think the laws are gradually changing. It's an outdated custom that may have been appropriate before the age of DNA. But with the absolute certainty that DNA can provide, it seems very antiquated and unfair now.

[amazona]

5. about the unfairness

The kid was born a decade ago, and I don't think it is necessarily fair to suddenly announce that the person he thought was his dad is not his dad.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72

[Bunny]

7. Yeah, that sucks. People often put the child last in situations

like this. These people you're talking about seem like scammers to me. I hope everything works out okay for your friend.

[1monster]

8. In Florida, there is a four year limit on paternity claims...

If the child is in the double digits age-wise, and the mother has not filed a paternity claim against your friend (if he is in Florida), then she has no claim at all. The claim must be made in the first four years.

Ditto the legal father. If he does not file claiming that the child is not his biological child in the first four year, then he is legally the child's father regardless.

[Lex]

9. There is a *PRESUMPTION* that the husband is the legal father

.
and by law he is placed on the birth certificate.

HOWEVER, this presumption can be overcome if the mother (or presumptive father) alleges someone else is the father and brings a lawsuit and demand for a DNA test--usually the mother or presumptive father has to allege some facts that would show that the other guy might be the biological father.

So, the law makes the husband the presumptive father, but that is subject to challenge if there are facts and a DNA test to the contrary.

There may be statutes of limitation on this that vary state to state.

[radwriter0555]

10. The laws vary from state to state. A local lawyer should be

consulted... you can always google it too.

[amazona]

11. I think this is the way to go

The boyfriend has a lawyer in the family, and I think he should consult with her, but people are funny sometimes, sigh.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72